What is Driving a Vehicle under Fresno DUI Laws?

In order for someone to be convicted of a driving under the influence (DUI) in Fresno, California, it must be proven that you drove a vehicle. When an officer has not seen the person driving, the question of driving is always an issue. This may make a difference when it comes to a jury finding a person guilty of a DUI.

Driving requires volitional movement of a vehicle.  Moving the vehicle even a few inches constitutes "driving" the vehicle.  A person is considered to be driving a motor vehicle when he or she is steering or controlling a vehicle which is in motion, even if the motor is off at that time.

In some instances, volitional movement can be determined by circumstantial evidence, which means that some reasonable inference may be drawn that the defendant was the driver. For example, was the person found standing alone next to the vehicle after an accident? Officers will also try to gain a confession from the person in order to use it to prosecute the individual.

In some instances, a person may be driving, but he or she may not be driving a vehicle.  To determine what constitutes a vehicle, the courts have found that a device equipped with a motor that could be driven on a highway is considered a vehicle. As you may have guessed, bicycles without motors are not considered vehicles.  However, bicycles with a motor, tractors, golf carts, forklifts, motorized scooter, carts or any other device that has a motor that can be driven on a highway is a vehicle.  Airplanes, streetcars, cable cars, trains, and boats are not vehicles, but it is still illegal to operate any of these devices while under the influence.

As you can see, the law is unclear on what constitutes driving and what type of “vehicle” is required to be used.  If you have questions on whether you were driving a motor vehicle and the officer arrested you because of a DUI, contact my office to discuss your case now.


Posted on
March 1, 2015
in
Fresno Drunk Driving Posts
category
Driving a vehicle, Driving under the influence, DUI laws, Fresno DUI, Fresno DUI driving, Fresno DUI Lawyer, What is a vehicle when DUI,

Fresno DUI Laws-What is Your Blood Alcohol Level?

Blood alcohol levels depend on what you drank and ate before your arrest so call a DUI lawyer in Fresno to find out your BAC.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 14, 2015
Determining the blood alcohol level in your system at the time of driving is key to a DUI case. Here is how to determine if you have a valid defense for your DUI case, including how to calculate alcohol levels in DUI cases.

How Much Does a Fresno DUI Really Cost?

DUI, traffic, and criminal cases are expensive, but with an experienced criminal defender you can save some cash.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
July 23, 2015
If you are charged with a DUI in Fresno, it is important to know the fines and fees that you will be required to pay if you are arrested and convicted. By contacting a dedicated DUI lawyer, you may be able to save money. Find out!

Don't Press Your Luck This Saint Patrick's Day!

Drunk driving on March 17 is dangerous and you will likely be arrested if you are pulled over by Fresno police officers.
DUI
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
March 16, 2015
Have some green beer and relax this Saint Patrick's Day. There is no need to drive this year. Check out this new app that will keep you save as well as out of jail. With this app, you can count your lucky stars by not driving.

Police Body Cameras May Not Protect You on Mother's Day.

Mother's Day is popular day for DUI arrests in Fresno, California. Contact DUI lawyer today.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 9, 2017
What you may not know about police body cameras and their failure to protect us this Mother's Day. Find out what police are NOT doing with their body cameras and how to protect yourself if you are pulled over for DUI.

Happy Veterans Day! Let's Celebrate Our Brave Soldiers

Criminal lawyers will help you when you are charged with a Drunk driving this Veteran's Day.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
November 11, 2015
Fresno Police Department is patrolling this weekend for suspected drunk drivers in Fresno. If you are drinking during the holiday weekend, please make sure to not drink and drive. If you have facing charges, get help now.

Don't Press Your Luck This Saint Patrick's Day!

Drunk driving on March 17 is dangerous and you will likely be arrested if you are pulled over by Fresno police officers.
DUI
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
March 16, 2015
Have some green beer and relax this Saint Patrick's Day. There is no need to drive this year. Check out this new app that will keep you save as well as out of jail. With this app, you can count your lucky stars by not driving.

Cellphone Location Data and Privacy in Fresno

Cell phone criminal lawyers Fresno will help you with illegal search and seizures. Need experienced advice in criminal prosecutions.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
January 16, 2016
Should officers be able to search your phone in Fresno? What rights do you have when it comes to your phone? Find out if your phone is subject to being searched by law enforcement and what can you do to protect your privacy.

Who Let the Dogs Out? National Dog Day!

Dogs are the best, especially on National Dog Day, even when I am reading the law books at Tina Barberi's law firm
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 26, 2015
Hooray, today is National Dog Day! We love our four-legged friends and want to show our special thanks for the love they always give us. Meet our best friends and then tell your special pooch how much they mean to you as well.

Making the Right Decision Under Proposition 47

Locked up for life without Prop 47? Before you apply for relief, make sure you a criminal lawyer that understands Prop 47.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 23, 2015
Proposition 47 is a great for so many citizens in California, but how do you know if you qualify for it? The best way to know for sure is to read this summary so you can check if you can get Prop 47 relief in Fresno County.

Combination for Disaster: Prescription Drugs and Driving

Medical DUI cases need experienced drug driving lawyer in Fresno.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
July 30, 2015
If you are taking prescription drugs, read this before attempting to drive so you understand the dangers your medication may have on your driving. Even without drinking, you could face a DUI charge and a jail sentence.

Can The Police Take My Cell Phone And Search It?

Cell phones searches may be illegal and to determine if the police illegally searched your cell phone, call a Fresno criminal defense attorney.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 22, 2015
Would you mind others snooping on your cell phone? If not, you are not alone. See what the US Supreme Court said about the legality of searching your cell phone and what you can do to avoid the police from viewing your cell.

Fresno DUI's and Miranda Rights in DUI Cases

A Fresno DUI lawyer will help keep confessions out of the courtroom. Do not confess to police and call a criminal lawyer.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 16, 2015
There are changes in the Miranda laws and you may not realize that Miranda may not apply in your case. See how you can protect yourself when the officers question you during a DUI investigation in Fresno County.

You Might Also Like